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HomeMy WebLinkAbout#15 - Master Service Agreement for Planning ServicesSTAFF REPORT DATE: September 18, 2018 CONSENT #15 AGENDA ITEM: Master Services Agreement for Planning Services SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: In the past the city has used Sambatek (specifically Ben Gozola) to help with planning items when demand exceed the ability of current staff. Unfortunately, Mr. Gozola is no longer with Sambatek as he has taken a Planning Director position with another City. Since he is no longer in the consultant business, staff is seeking another consultant to help fill the gap as the City begins the process to hire a new Planning Director. ISSUE BEFORE COUNCIL: Should the Council approve the master services agreement with Swanson Haskamp Consulting LLC? PROPOSAL: Director Becker and I met with Jennifer Haskamp to discuss the possibility of her providing interim planning services as the City searches for a new Planning Director. Since Jennifer and her team had been involved with the Comprehensive Plan update, staff felt her familiarity with the city was an advantage in providing short term services. Ms. Becker’s last day with the city is anticipated to be September 25th. While the City has begun the recruitment process, we anticipate the position will not be filled until November so we’re looking to fill the gap for about a month. Included in your packet is the Master Services Agreement, Lake Elmo Addendum and Fee schedule. The agreements have been reviewed by the City Attorney who found no issues. FISCAL IMPACT: Fee schedule is included in your packet. It is anticipated that most of the fees would be reimbursed by applicants. OPTIONS: 1) Approve the master services agreement 2) Amend and then approve the master services agreement 3) Do not approve the master services agreement MOTION: If removed from the consent agenda: “Motion to approve the Master Services Agreement with Swanson Haskamp Consulting LLC.” ATTACHMENTS: • Master Services Agreement • Lake Elmo Addendum • Fee Schedule MASTER SERVICES AGREEMENT BETWEEN SWANSON HASKAMP CONSULTING, LLC AND THE CITY OF LAKE ELMO FOR PROJECT AND GENERAL PLANNING SERVICES The Agreement (“Agreement”) is made as of September __, 2018 and between, the City of Lake Elmo (“Client”), 3800 Laverne Avenue N., Lake Elmo, MN 55042, and Swanson Haskamp Consulting, LLC (“SHC”), 246 S Albert Street, Suite 2A, St. Paul, MN 55105, to provide professional Planning Services by SHC in connection with projects and services as requested by the Client. Description of Services (Scope of Services) Jennifer Haskamp, President of SHC shall be the primary contact and project manager assigned to perform planning and project management services for the Client (hereinafter referred to as “Services”). Jennifer will work collaboratively with the Client to establish the scope of services and define and identify the priorities to be completed as a part of this contract. SHC shall only perform work when verbal or written direction is provided by the Client throughout the duration of this contract. Specific Services shall be addressed by Addendum and appended and incorporated into this Master Services Agreement. Standard of Care. SHC’s services shall be performed based on the standard of reasonable professional care for services similar in scope, schedule, and complexity to the services being provided by SHC. All warranties, express or implied, in connection with SHC’s services are expressly disclaimed. Period of Service This contract shall be effective until directed by the Client, but shall not exceed 12 months. Compensation SHC shall be paid for Services provided in accordance with the attached rate schedule found in Attachment 1. Billings will be submitted monthly and the Client agrees to pay bills within 30 days of receipt. SHC and the Client shall work together to establish the method for reporting and submitting invoices to assist with the ease of monthly billing and budget management. Client hereby acknowledges that sufficient funds are currently available, or methods to obtain funds, are assigned to pay for the cost of Services contemplated by the Agreement. SHC has the right, at its sole discretion, to stop work and withhold work product or Services, if payments have not been received within 30 days of invoicing date. If Client fails to make payments to SHC consistent with the Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at SHC’s option, cause for suspension of performance of Services under the Agreement. If SHC elects to suspend Services, prior to suspension of Services, SHC shall give seven days written notice to Client. In the event of a suspension of Services, SHC shall have no liability to Client for delay or damage caused to Client because of such suspension of Services. Before resuming Services, SHC shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of SHC’s services. SHC’s fees for the remaining Services and the time schedules shall be equitably adjusted. In the event of termination not the fault of SHC, SHC shall be compensated for Services performed prior to termination, together with reimbursable expenses due. Client’s Responsibilities Client shall provide full information in a timely manner regarding requirements for and limitations for successful execution of the Scope of Services, including objectives, schedule, constraints and criteria, requirements and relationships and any other pertinent information that will assist SHC in achieving the expectations of the Client. The Client shall designate a representative authorized to act on the Client’s behalf with respect to any Project or Services. The Client or such designated representative shall render decisions in a timely manner pertaining to documents submitted by SHC in order to avoid unreasonable delay in the orderly and sequential progress of the Services. Termination The Agreement may be terminated by either party at any time should the other party fail to perform in accordance with its terms through no fault of the party initiating the termination. Such termination shall be effective after giving ten days written notice. Client agrees to pay SHC for all Services provided up to the effective date of termination. Miscellaneous Work Product The documents prepared by SHC for any Project are instruments of SHC’s service for use solely with respect to the Client and, unless otherwise provided, SHC shall be deemed the author of these documents. All documents shall be the property of the Client, and both the Client and SHC shall retain all common law, statutory and other reserved rights, including the copyright. The Client and SHC shall be permitted to retain copies, including reproducible copies, of SHC’s documents for the Client’s information, reference and use in connection with the Services. Claims and Consequential Damages SHC and Client waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s terminating in accordance with the termination clause. Any claim, dispute or other matter in question arising out of or relating to the Proposal or breach thereof (“Claim”) shall be resolved by litigation in the State or (assuming subject matter jurisdiction) Federal Court located in Washington County, Minnesota. Interpretation and Severability Each provision of this Agreement is severable from the others. Should any provision of the Agreement be found invalid or unenforceable, such provision shall be ineffective only to the extent required by law, without invalidating the remainder of such provision or the remainder of the Agreement. Further, to the extent permitted by law, any provision found invalid or unenforceable shall be deemed automatically redrawn to the extent necessary to render it valid and enforceable. Assignment The Client and SHC, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Client nor SHC shall assign this Agreement without the written consent of the other. Team Relationship The Client and SHC agree to work together on the basis of trust, good faith and fair dealing, and shall take actions reasonably necessary to enable each other to perform this Agreement in a timely, efficient and economical manner. Entire Agreement The terms and conditions set forth herein constitute the entire understanding of the parties relating to the services to be provided by SHC. Only a written instrument signed by both parties may amend the Agreement. Governing Law The Agreement shall be construed, interpreted, and enforced in accordance with the laws of the State of Minnesota, excluding its conflict of laws. SHC and Client expressly consent to the exclusive personal jurisdiction and venue of the Minnesota courts for all purposes relating to the Proposal. The parties waive trial by jury. Execution In witness whereof, the parties hereto have made and executed the Agreement as of the day and first above written. CLIENT SWANSON HASKAMP CONSULTING, LLC Jennifer Haskamp, President | Principal Planner Printed Name Date 09/12/2018 Addendum #1 to MSA dated , 2018 1 Addendum 1 to Master Services Agreement (“MSA”) dated September __, 2018 I. Scope of Services SHC shall perform interim daily planning services for the Client as the Client searches for a new Planning Director. Interim daily services will be provided until otherwise directed but are expected to terminate when a new Planning Director has been hired. Interim daily planning services shall have the following meaning in this Addendum: • Provide review, assistance and presentation as directed for development applications. Prepare and or review staff reports, resolutions, development agreements, and other planning documents as needed and directed. • Review draft documents prepared by City Staff as requested. • Provide assistance to City Staff regarding planning questions that may arise on a daily or periodic basis. • Attend Planning Commission and City Council meetings if planning items are present on the agenda. • Attend internal meetings as requested and directed by the City Staff, which may include preapplication meetings with applicants and/or residents. II. Miscellaneous: This Addendum does not include Services related to ordinance development/update, or adjustments to the 2040 Comprehensive Plan Update. Separate Addenda to address project related planning services including cost and schedule will be appended to this MSA as Addenda if and when directed and approved by the Client. III. Fee Summary: SHC will bill on an hourly bases per the fee the schedule provided as Attachment 1. Flat Meeting rates shall apply only to Planning Commission and City Council meetings and such costs include travel time and up to three (3) hours of meeting time. If meetings exceed three (3) hours, then standard hourly rates shall be applied to the excess time. Attachment 1: Fee Schedule (2018) Service Rate Principal Planner $135/Hour Senior Planner/Landscape Architect $120/Hour Project Planner $105/Hour Hourly Rate - Technical Analysis  GIS Mapping  Document Layout  Graphics $90/Hour Flat Meeting Rate *  Planning Commission Meeting Attendance  City Council Meeting Attenance $270 Mileage rate (Standard IRS rate)$0.54/mile Printing and Mailing Services**Actual Expenses * Flat meeting rate shall include travel time and up to 3-hours of meeting time. ***Daily printing and small print will not be charged. Large scale or large quantity print jobs will be billed at actual expense rates.